Reforms to strengthen support for victim-survivors of sexual violence and hold perpetrators to account

Saturday, 21 June 2025

The Minns Labor Government is continuing work to build a safer New South Wales, with new legislation to strengthen protections for victim-survivors of sexual violence and toughen penalties for perpetrators.

A suite of reforms will be introduced to parliament next week which will bring New South Wales into line with other Australian jurisdictions and respond to gaps in existing legislation.

To continue to strengthen protections for young people, amendments to the Crimes Act 1900 will raise the age threshold for the definition of ‘child’ from 16 years to 18 years of age for the purposes of the child abuse material offences. This brings New South Wales into line with relevant Commonwealth offences and increases protections from sexual exploitation.

Child abuse material offences cover the production, possession and dissemination of this material as well as offences related to administering or encouraging use of digital platforms to distribute this material.

The Crimes Act will also be amended to make it easier to prosecute people who commit sexual acts in the presence of children, but with improper intent because of the presence of the child.

This reform brings New South Wales into line with community expectations that the law must always protect the safety and wellbeing of children.

Closing an existing hole in New South Wales laws, a provision will be added to the Act to ensure that sexual offenders who either sexually assault someone or indecently interfere with their body after death are unable to escape prosecution when the time of death is unknown, making which specific crime occurred unclear.

Under this provision, when it is clear beyond a reasonable doubt that one of these two crimes occurred, but it is uncertain due to the timing of death which one, the accused will be sentenced on the basis of whichever offence has the lesser maximum penalty. Previously they would have been unpunished.

This reform is in direct response to an issue raised in the coronial inquest into the tragic deaths of Mona Lisa and Jacinta Rose “Cindy” Smith and the tireless advocacy of their families for reform.

The penalty for indecently assaulting a deceased person will also be increased.

This suite of reforms will also strengthen laws criminalising female genital mutilation, ensuring they are in line with community expectations. These reforms will clarify that female genital mutilation is a crime regardless of the reason or motivation or age of the victim, while ensuring medically necessary practices are protected into the future.

This is part of the Minns Labor Government’s legislative agenda which works to build a safer New South Wales, where women and children are protected and perpetrators are held to account. This reform work has also included:

• Making it harder than ever for alleged domestic violence offenders to get bail.
• Introducing electronic monitoring for alleged serious domestic violence offenders.
• Strengthening laws to protect against repeated breaches of ADVOs.
• Making changes to bail courts across New South Wales to ensure bail decisions are made by magistrates and judges – not registers.

This legislation will be introduced the day after the Minns Labor Government hands down the 2025-2026 NSW budget, which includes more than half a billion in funding to increase support for victim survivors and support stronger responses against perpetrators across the justice, support services and corrections spaces.

 Attorney General, Michael Daley said:

“The Minns Labor Government stands with victim-survivors. 

“We are ensuring that women and children are better protected from sexual abuse and exploitation. 

“Our Government is closing loopholes and strengthening the law to make it easier to prosecute those who commit acts of sexual violence.

“I thank the families of Mona Lisa and Jacinta Rose 'Cindy' Smith for their bravery and advocacy in the face of tragedy to strengthen New South Wales laws to better protect victims."

Minister for the Prevention of Domestic Violence and Sexual Assault, Jodie Harrison said:

“We are working to build a safer New South Wales for women and children, and these reforms are vital in ensuring our laws provide the protection that victims deserve.

“Sexual and abuse and exploitation is unacceptable, at the same time as we are investing in support services for victim survivors, we are ensuring that perpetrators are held to account.

“We will continue to work with experts, advocates and victim survivors to address the impact of domestic and sexual violence across our state.”